City Must Closely Monitor Handling Of Allegations Of Police Brutality

August 26, 1987

Fort Lauderdale`s Police Department, still struggling to erase a public image of brutal cops whose abuses of power are whitewashed, has once again had its reputation tarnished.

Police ought to be more than a little red-faced that Officer Stephen DeNigris, who had been cleared of accusations of kicking a 15-year-old boy by the police Internal Affairs Division, has just been charged with battery by the State Attorney`s Office.

Particularly embarrassing are the remarks of Assistant State Attorney Martin Murphy, who lambasted Internal Affairs for conducting a sloppy, incomplete investigation.

Murphy listed these flaws: Failure to give lie detector tests when asked, inadequate follow-up questioning and an improper assignment of DeNigris` former sergeant to review the Internal Affairs report.

Giving credence to the complaints is none other than Police Chief Joe Gerwens, who says they are justified, although he believes they don`t taint the investigation or the conclusion that no abuse of force was proven. He denies there was any cover-up.

The case involved accusations by Billy Beschen, a Pompano Beach boy, that DeNigris kicked him in the leg, severing his calf muscle and causing long- lasting pain and injury, while questioning him and a companion March 21 in a mall parking lot about a stolen car. After questioning, the two were released without being charged with a crime.

This incident is just one of many in which a citizen made a complaint that, if true, would be a crime, but which police did not refer to a prosecutor. Last year, none of the 21 accusations of unnecessary or excessive force was referred to the Broward County State Attorney`s Office -- including five the police department itself found to be true.

Since becoming chief in May, Gerwens has taken a number of prudent steps designed to improve the handling of complaints against police officers:

-- In June, he ordered Internal Affairs to notify the State Attorney`s Office whenever complaints about police brutality or other potentially criminal misconduct are filed. However, the policy was not in effect in May when Internal Affairs cleared DeNigris of wrongdoing.

-- He cleaned house in Internal Affairs, replacing all its officers with sergeants to improve the quality of investigatins by having more-experienced investigators.

-- He set up committees to study ways to improve police training, aimed at helping officers learn techniques to take control of a volatile situation before it becomes violent.

-- Finally, he established a policy that people who file complaints are notified about the findings of Internal Affairs, and told that they can seek an independent investigation by the state attorney. The state attorney is also notified when Internal Affairs issues a report on its investigation.

Gerwens` plans reflect good intentions, but they are not enough. Fort Lauderdale`s mayor, city commissioners and city manager, along with the chief, should closely monitor the police department`s progress in combatting the image and reality of police brutality and whitewash.

Gerwens` final words are hopeful: ``The feedback I`ve gotten from the rank and file has emphasized to me that the vast majority of members want to cure this image. They don`t feel that it`s deserved. I believe it`s somewhat exaggerated. But it`s a very real problem that we have to deal with. Obviously, time will tell if we`re successful.``